District Court, N.D. New York April 15, 1991, Civ. A. No. 89-CV-198 (Davis Acoustical Corp. v. Carolina Freight Carriers Corp.)

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

There are two motions presently before the court. The first is a motion for summary judgment by defendant, Carolina Freight Carriers Corporation (“Carolina Freight”), and the second is a cross-motion by plaintiff, Davis Accoustical Corporation (“Davis”), to amend its complaint. The court will address those motions in reverse order.

I.